Privacy & Terms
General Terms and Conditions
Last updated: 31 August 2020
1. Introduction
Please read these terms and conditions (“Terms”) carefully before using
the FixMate website, web application, or any other feature of the FixMate platform (collectively the
"Service") operated by FixMate Inc. ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and
compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the
Service.
By accessing or using the Service you agree to be bound by these terms and
conditions. If you disagree with any part of the Terms then you may not access the Service.
2. Subscriptions
Some parts of the Service are billed on a subscription basis. If you wish to
purchase a subscription, you may be asked to supply certain information including, without limitation,
your full name, address, and other billing information.
Your payment card will be charged in advance on a recurring monthly
basis. You may cancel your subscription at any time with one
month’s notice.
Services cancelled at your request prior to the completion of the subscription
period are not subject to a refund.
We reserve the right to change the fees for Service and introduce new charges at any time,
upon at least 30 days prior notice to you, which may be provided by e-mail. Fee
changes will take effect in your next subscription period.
You can opt to upgrade or downgrade to any other service level that we offer,
at any time during the subscription period. In the event of a Service upgrade, the new fee will
immediately apply and you will be charged in full for the pro-rata part of that subscription period. In
the event of a Service downgrade, the new fee will only apply after the subscription period ends. No
discount credit will be given.
You agree to our, or our third-party service providers, storing your payment
card information and charging that payment card (i) a fee for any applicable services billed on a
monthly basis, (ii) any increase in fee pursuant to clause 2. d) or e) of these Terms, and (iii) any
applicable taxes in connection with your use of the Service. If the payment card you provide expires or
fails to make the payment and you do not provide new payment card information or cancel your
subscription, we may, without liability to you, disable your account and revoke access to all or part of
the Service. We shall be under no obligation to provide any or all of the Service until a new payment
card is provided or payment of a due amount is able to be charged.
3. Content
Our Service allows you to post, share, and otherwise make available certain information, text,
photos, or other material ("Content"). By displaying your Content, you
grant FixMate a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, and publish
it in any and all media. FixMate may share your Content, including your contact information, with a third
party for the purpose of providing our services to you.
Your Content must be your own and must not be invading any third-party's
rights. We reserve the right to withhold, remove and/or delete any Content,
with or without notice, where we reasonably suspect that such Content breaches these Terms of
Service.
4. Trial period
FixMate offers a free trial period. Customers who use the Service within a free trial
period acknowledge that the Service will automatically cease to operate at the end of the
trial period if you have not at that time paid the applicable fees for
continuation of the Service.
During the free trial period, we may terminate our contract with you at any time and for
any reason by giving notice.
We reserve the right to delete any Content stored by us in relation to an
expired trial period, without liability to you.
5. Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned
or controlled by FixMate.
FixMate has no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third-party web sites or services. You further acknowledge and agree that
FixMate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such content, goods, or services available
on or through any such web sites or services.
6. Intellectual Property Rights
You agree that the Service is our proprietary property and all
related source code, databases, functionality, software, website designs, audio, video, text, photographs,
and graphics are owned or controlled by us or licensed to us, and are protected by applicable intellectual
property and other laws, including but not limited to copyright. All Service content is provided “as
is” and “as available” for your information and personal use only. No portion of the
Service may be copied, reproduced, distributed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission. The FixMate name, logo, service marks, and
graphics used in connection with the Service are trademarks. You are granted no right or license with
respect to any of the trademarks.
Provided that you are eligible to use the Service, you are granted a limited
license to access and use the Service and to download or print a copy of any portion of the Content to which
you have properly gained access solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you.
7. Prohibited use
You are explicitly prohibited from:
—
publishing any Service
material in any other media;
—
selling, sublicensing and/or
otherwise commercializing any Service material;
—
publicly performing and/or
showing any Service material, without our express written consent;
—
using this Service in any way
that is or may be damaging to this Service or impacts user access to this Service;
—
using this Service contrary to
applicable laws and regulations, or in any way may cause harm to the Service, or to any person or business
entity;
—
engaging in any data mining,
data harvesting, data extracting or any other similar activity in relation to this Service;
—
using this Service to engage
in any unsolicited or unauthorized advertising, promotional materials, email, spam, or other forms of
solicitation;
—
posting, uploading, or
submitting any Content that:
-
infringes,
misappropriates, or violates a third party’s patent, copyright, trademark, moral rights or other
intellectual property rights, or rights of publicity or privacy;
-
violates, or
encourages any conduct that would violate, any applicable law or regulation or would give rise to civil
liability;
-
is fraudulent,
false, misleading, or deceptive; is defamatory, obscene, vulgar, or offensive;
-
is violent or
threatening or promotes violence or actions that are threatening to any person or entity; or
-
promotes illegal or
harmful activities or substances.
Certain areas of this Service are restricted from being accessed by you, and
FixMate may further restrict access by you to any areas of this Service, at any time, in absolute
discretion.
Any user ID and password you may have for this Service are confidential and
you must maintain confidentiality as well.
8. Termination and Suspension of Services
You can stop using the Service and cancel your subscription at any time. If
you cancel a subscription in the middle of a billing cycle, you will not be entitled to any refund of
any fees that you have paid prior to your cancellation of the Service.
Cancellation must be issued via the Customer’s Account or by
emailing privacy@fixmateapp.com. Any cancellation
issued via the Customer’s Account must be done at least one (1) day prior to the end of the
subscription period. Any cancellation issued via email must be done five (5) days prior to the end of
the subscription period to allow for adequate processing time.
FixMate may terminate your account: (a) if you fail to comply with any term
of this agreement; (b) for any reason, at our sole discretion.
9. Severability
If any provision of these Terms is found to be invalid under any applicable law,
such unenforceability or invalidity shall not render these Terms unenforceable or
invalid as a whole, and such provisions shall be deleted without affecting the
remaining provisions herein.
10. Limitation of Liability
In no event shall FixMate nor any of its officers, directors, or employees be held
liable for anything arising out of or in any way connected with your use of this
Service. We will not be liable for any loss
of profits, loss of business, depletion of goodwill, loss or corruption of data or information, or any
indirect, special, incidental, or consequential loss or damage arising out of or in connection with your use
of the Services.
11. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any
time. By using the Service you are expected to review such Terms on a regular basis to ensure that you
understand all Terms and Conditions governing the use of the Service.
12. Assignment
FixMate shall be permitted to assign, transfer, and
subcontract its rights and/or obligations under these Terms without any notification or consent required.
However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or
obligations under these Terms.
13. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of
the Czech Republic for properties located in the Czech Republic and the United States for properties located
elsewhere. You agree to submit to the non-exclusive jurisdiction of the corresponding state and federal
courts for the resolution of any disputes.
14. Use of Information/Privacy Policy
We reserve the right, and you authorize us, to the use and assignment of all
information regarding your use of the Service and all information provided by you in any manner consistent
with our Privacy Policy. Our privacy policy, as it may
change from time to time, is a part of this agreement.
15. Contact us
If you have any questions about these Terms, please
contact us.
General Terms and Conditions
Last updated: 31 August 2020
1. Introduction
Please read these terms and conditions (“Terms”) carefully before using the FixMate website, web application, or any other feature of the FixMate platform (collectively the "Service") operated by FixMate Inc. ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these terms and conditions. If you disagree with any part of the Terms then you may not access the Service.
2. Subscriptions
Some parts of the Service are billed on a subscription basis. If you wish to purchase a subscription, you may be asked to supply certain information including, without limitation, your full name, address, and other billing information.
Your payment card will be charged in advance on a recurring monthly basis. You may cancel your subscription at any time with one month’s notice.
Services cancelled at your request prior to the completion of the subscription period are not subject to a refund.
We reserve the right to change the fees for Service and introduce new charges at any time, upon at least 30 days prior notice to you, which may be provided by e-mail. Fee changes will take effect in your next subscription period.
You can opt to upgrade or downgrade to any other service level that we offer, at any time during the subscription period. In the event of a Service upgrade, the new fee will immediately apply and you will be charged in full for the pro-rata part of that subscription period. In the event of a Service downgrade, the new fee will only apply after the subscription period ends. No discount credit will be given.
You agree to our, or our third-party service providers, storing your payment card information and charging that payment card (i) a fee for any applicable services billed on a monthly basis, (ii) any increase in fee pursuant to clause 2. d) or e) of these Terms, and (iii) any applicable taxes in connection with your use of the Service. If the payment card you provide expires or fails to make the payment and you do not provide new payment card information or cancel your subscription, we may, without liability to you, disable your account and revoke access to all or part of the Service. We shall be under no obligation to provide any or all of the Service until a new payment card is provided or payment of a due amount is able to be charged.
3. Content
Our Service allows you to post, share, and otherwise make available certain information, text, photos, or other material ("Content"). By displaying your Content, you grant FixMate a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, and publish it in any and all media. FixMate may share your Content, including your contact information, with a third party for the purpose of providing our services to you.
Your Content must be your own and must not be invading any third-party's rights. We reserve the right to withhold, remove and/or delete any Content, with or without notice, where we reasonably suspect that such Content breaches these Terms of Service.
4. Trial period
FixMate offers a free trial period. Customers who use the Service within a free trial period acknowledge that the Service will automatically cease to operate at the end of the trial period if you have not at that time paid the applicable fees for continuation of the Service.
During the free trial period, we may terminate our contract with you at any time and for any reason by giving notice.
We reserve the right to delete any Content stored by us in relation to an expired trial period, without liability to you.
5. Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by FixMate.
FixMate has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that FixMate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.
6. Intellectual Property Rights
You agree that the Service is our proprietary property and all related source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics are owned or controlled by us or licensed to us, and are protected by applicable intellectual property and other laws, including but not limited to copyright. All Service content is provided “as is” and “as available” for your information and personal use only. No portion of the Service may be copied, reproduced, distributed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. The FixMate name, logo, service marks, and graphics used in connection with the Service are trademarks. You are granted no right or license with respect to any of the trademarks.
Provided that you are eligible to use the Service, you are granted a limited license to access and use the Service and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you.
7. Prohibited use
You are explicitly prohibited from:
— publishing any Service material in any other media;
— selling, sublicensing and/or otherwise commercializing any Service material;
— publicly performing and/or showing any Service material, without our express written consent;
— using this Service in any way that is or may be damaging to this Service or impacts user access to this Service;
— using this Service contrary to applicable laws and regulations, or in any way may cause harm to the Service, or to any person or business entity;
— engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Service;
— using this Service to engage in any unsolicited or unauthorized advertising, promotional materials, email, spam, or other forms of solicitation;
— posting, uploading, or submitting any Content that:
- infringes, misappropriates, or violates a third party’s patent, copyright, trademark, moral rights or other intellectual property rights, or rights of publicity or privacy;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading, or deceptive; is defamatory, obscene, vulgar, or offensive;
- is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
- promotes illegal or harmful activities or substances.
Certain areas of this Service are restricted from being accessed by you, and FixMate may further restrict access by you to any areas of this Service, at any time, in absolute discretion.
Any user ID and password you may have for this Service are confidential and you must maintain confidentiality as well.
8. Termination and Suspension of Services
You can stop using the Service and cancel your subscription at any time. If you cancel a subscription in the middle of a billing cycle, you will not be entitled to any refund of any fees that you have paid prior to your cancellation of the Service.
Cancellation must be issued via the Customer’s Account or by emailing privacy@fixmateapp.com. Any cancellation issued via the Customer’s Account must be done at least one (1) day prior to the end of the subscription period. Any cancellation issued via email must be done five (5) days prior to the end of the subscription period to allow for adequate processing time.
FixMate may terminate your account: (a) if you fail to comply with any term of this agreement; (b) for any reason, at our sole discretion.
9. Severability
If any provision of these Terms is found to be invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
10. Limitation of Liability
In no event shall FixMate nor any of its officers, directors, or employees be held liable for anything arising out of or in any way connected with your use of this Service. We will not be liable for any loss of profits, loss of business, depletion of goodwill, loss or corruption of data or information, or any indirect, special, incidental, or consequential loss or damage arising out of or in connection with your use of the Services.
11. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By using the Service you are expected to review such Terms on a regular basis to ensure that you understand all Terms and Conditions governing the use of the Service.
12. Assignment
FixMate shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
13. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the Czech Republic for properties located in the Czech Republic and the United States for properties located elsewhere. You agree to submit to the non-exclusive jurisdiction of the corresponding state and federal courts for the resolution of any disputes.
14. Use of Information/Privacy Policy
We reserve the right, and you authorize us, to the use and assignment of all information regarding your use of the Service and all information provided by you in any manner consistent with our Privacy Policy. Our privacy policy, as it may change from time to time, is a part of this agreement.
15. Contact us
If you have any questions about these Terms, please contact us.